Kiley v. Oppenheimer
Supreme Court of Missouri
Appeal from, Buchanan Common Pleas. I. Advertising to receive bids till a specified time, and closing a contract with a favorite contractor long before that time had expired, carries the stamp of fraud and illegality upon its face. (Dill. Mun.
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Appeal from, Buchanan Common Pleas. I. Advertising to receive bids till a specified time, and closing a contract with a favorite contractor long before that time had expired, carries the stamp of fraud and illegality upon its face. (Dill. Mun. Corp., p. 605; Mitchell vs. Milwaukee, 18 Wis., 92; Oity of Dubuque vs. Wooton, 28 Iowa, 571; Oity of Lowell vs. French, 6 Cush., 223; Nash vs. St. Paul, 11 Minn., 174.) I. The notice was for thirty days, and therefore regular on its-face, and in literal compliance with the requirement. But the award was made to plaintiff a few days before the…
1Opinion of the Court · SherwoodSherwood, Judge
*375The plaintiff Florence ICiley brought his action in the Buchanan County Court of Common Pleas, against Marcus Oppenheimer, to recover the amount of two special tax bills, for macadamizing, &c., alleged tohave been done by plaintiff in front of two lots on Missouri street in the City of St. Joseph, under and by virtue of a contract entered into with that city through its engineer. Oppenheimer did not appear to the action, but Durffee and Baitlett entered their appearance, and amongst other matters, pleaded the general issues. A trial without the intervention of a jury resulted in a judgment…
Also in this document: Opinion of the Court · Denio.
2Cases cited4 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- State v. Bank of the State of MissouriSupreme Court of Missouri · 1870
- Kiley v. CranorSupreme Court of Missouri · 1873
- City of Dubuque v. WootonSupreme Court of Iowa · 1870
3Cited by21 opinions
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- Rose v. TrestrailMissouri Court of Appeals · 1895
- Leach v. CargillSupreme Court of Missouri · 1875
- Barber Asphalt Paving Co. v. MunnSupreme Court of Missouri · 1904
- City of St. Louis v. KingSupreme Court of Missouri · 1910
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